in the united states district court for the northern - NFL Concussion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA

ATLANTA DIVISION

NATHANIEL D. ABRAHAM and TUNISIA ABRAHAM, his wife; HIRAM ALEX; JOHN W. ALEXANDER, JR.; ANTONIO ANDERSON and ANA MARIE ANDERSON, his wife; GENE ATKINS, SR.; JAMES A. BAKER and SABRINA BAKER, his wife; RANDY BALDWIN; TATUM BELL; JESSE BENDROSS; LUTHER BLUE and DEBRA L. CAIN-BLUE, his wife; RONALD JEROME BLYE and HARRIETTE BLYE, his wife; REGINALDO BRANCH; JOHN BRANTLEY, JR. and DIANE BRANTLEY, his wife; ANTHONY CARTER and KIMBERLY CARTER, his wife; AVEION CASON; JEREMIAH CASTILLE and LORI JEAN CASTILLE, his wife;; J’JUAN CHERRY;; HENRY CHILDS and CYNTHIA CHILDS, his wife; JOHN COPELAND and MELISSA COPELAND, his wife; ANTHONY DAVIS and KELLY DAVIS, his wife; CHRISTOPHER DOERING and TIFFANY DOERING, his wife; ANTHONY DORSETT, JR.; RANDY L. FULLER and GUSSIE FULLER, his wife; BRENT FULLWOOD and LANETTE FULLWOOD, his wife; DERRICK L. GAINER; EUGENE GOODLOW; DENNIS HARRISON and IDA HARRISON, his wife; VERRON HAYNES and SHEENA HAYNES, his wife; DAVID T. HENDRIX and MONICA HENDRIX, his wife; THOMAS MICHAEL

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

JURY TRIAL DEMANDED

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HENNIGAN and LESLIE HENNIGAN, his wife; KEVIN N. HOUSE, SR.; TYRONE L. HOWARD; CHARLES HURSTON and THOMASINA HURSTON, his wife; COURTNEY JACKSON; LENZIE JACKSON and SHERRIE JACKSON, his wife; LINDEL G. JAQUESS and BERTHA M. JAQUESS, his wife; ERIC K. JOHNSON and STACEY JOHNSON, his wife; MARVIN KELLUM and SANDRA KELLUM, his wife; WILLIAM KILMER and SANDY KILMER, his wife; ANTONIO LANGHAM; REGINALD JAMES LOWE; TONY MARTIN; NORRIS E. MCCLEARY, II; JOE MICKLES; CHRISTOPHER A. MITCHELL; SAM OLAJUBUTU, JR.; TITO PAUL and TAMARA PAUL, his wife; GERALD PERRY, SR.; DAVID ROCKER and TIFFANY ROCKER, his wife; ALLEN ROSSUM and ANGELA ROSSUM, his wife; DANTRELL SAVAGE; REGINALD BERNARD SLACK; CHARLES SMITH and MYNIQUE SMITH, his wife; ROBERT VINSON SMITH and MARIA A. ROBINSON-SMITH, his wife; JAMES W. STEFFEN; MATTHEW STEVENS; MATTHEW R. STORM and JENNIFER STORM, his wife; ARTHUR RAY STRAHAN and DELORIS JEAN STRAHAN, his wife; CORNELL M. THOMAS and DEIDRE THOMAS, his wife; LAWYER J. TILLMAN, JR. and VICKIE B. TILLMAN, his wife; JOE WALKER; KEN WATSON; FRED WEARY and CASEY WEARY, his wife;

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TERRY WILLIAMS and TONYA WILLIAMS, his wife; ERIC YARBER and MICHELE YARBER, his wife; CHRISTOPHER L. YOUNG Plaintiffs, v. NATIONAL FOOTBALL LEAGUE; and NFL PROPERTIES, LLC, Defendants.

COMPLAINT FOR DAMAGES

The Plaintiffs, all individuals, hereby file this Complaint for Damages and

Jury Trial Demand against the above named Defendants, respectfully showing the

Court the following:

INTRODUCTION

1. The National Football League (“NFL” or “the League”) is America’s

most successful and popular sports league. With 32 member teams, the League is

a multi-billion dollar business. The NFL is and has always been eager to avoid

negative publicity and protect the product on the field. As a result, the NFL

regulates just about everything as it pertains to their teams, including League

policies, player appearances, marketing, and safety, among other activities.

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2. As recognized by the League, professional football is a tough,

aggressive, and physically demanding sport. Injuries are common. As such, it is

vital to the safety of the players that the NFL act reasonably, to identify the risks of

serious injury associated with playing professional football, to keep the teams and

players informed of the risks that they identify, and to take reasonable steps to

protect players. Aware of this responsibility, the NFL, through its own initiative,

created the Mild Traumatic Brain Injury Committee (“MTBI” or “Committee”) in

1994 to research, and presumably looks to ameliorate, what was already a

tremendous problem in the League – concussions.

3. Head injuries have been the topic in a wide variety of relatively recent

news articles and television segments, and were addressed by the League in an

announcement that it would penalize illegal blows to the head. But, as noted, head

injuries are not a new problem. For decades, the League’s players have been

plagued by the devastating effects of concussions.

4. Despite overwhelming medical evidence that on-field concussions

lead directly to brain injuries and frequent tragic repercussions for retired players,

the NFL not only failed to take reasonable actions in an attempt to protect players

from suffering, but failed to inform players of the true risks associated with

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concussions. Instead, the NFL chose to misrepresent and/or conceal medical

evidence recognized by its “hand-picked” committee of physicians who were

researching same. While athletes in other professional sports who had suffered

concussions were being effectively withheld from play (“shut down”) for long

periods of time or full seasons, NFL protocol was to return players who had

suffered concussions to the very game in which the injury occurred.

5. The NFL has purposefully attempted to obfuscate the issue and has

repeatedly refuted the connection between concussions and brain injury. Congress

has vehemently objected to the NFL’s handling of the issue on several occasions.

In the 17 years since its formation, the MTBI has served as nothing short of a

roadblock to any genuine attempt to appropriately inform and protect teams and

NFL players regarding concussions and resultant brain injury. The Committee’s

misrepresentation and concealment of relevant medical information over the years

has caused an increased risk of debilitating and/or life-threatening injury to players

who were purposefully not being apprised of the findings.

6. The NFL has failed to satisfy its duty to take reasonable steps

necessary to protect players from devastating head injuries. Moreover, the NFL

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has downplayed and misrepresented the issues and misled players concerning the

risks associated with concussions.

THE PARTIES

7. Mr. Nathaniel D. Abraham and his wife, Tunisia Abraham, are

citizens of the State of Florida, residing in Tarpon Springs, Pinellas County,

Florida.

8. Mr. Hiram Alex is a citizen of the State of Texas, residing in Houston,

Harris County, Texas.

9. Mr. John W. Alexander, Jr. is a citizen of the State of New Jersey,

residing in Plainfield, Union County, New Jersey.

10. Mr. Antonio Anderson and his wife, Ana Marie Anderson, are citizens

of the State of New York, residing in Riverdale, Bronx County, New York.

11. Mr. Gene Atkins, Sr. is a citizen of the State of Georgia, residing in

Alpharetta, Fulton County, Georgia.

12. Mr. James A. Baker and his wife, Sabrina Baker, are citizens of the

State of Ohio, residing in Avon, Lorain County, Ohio.

13. Mr. Randy Baldwin is a citizen of the State of Georgia, residing in

Griffin, Spalding County, Georgia.

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14. Mr. Tatum Bell is a citizen of the State of Colorado, residing in

Aurora, Arapahoe County, Colorado.

15. Mr. Jesse Bendross is a citizen of the State of Florida, residing in

West Park, Broward County, Florida.

16. Mr. Luther Blue and his wife, Debra L. Cain-Blue, are citizens of the

State of Michigan, residing in West Bloomfield, Oakland County, Michigan.

17. Mr. Ronald Jerome Blye and his wife, Harriette Blye, are citizens of

the State of Texas, residing in Denton, Denton County, Texas.

18. Mr. Reginaldo Branch is a citizen of the State of Florida, residing in

Sanford, Seminole County, Florida.

19. Mr. John Brantley, Jr. and his wife, Diane Brantley, are citizens of the

State of Georgia, residing in Bishop, Oconee County, Georgia.

20. Mr. Anthony Carter and his wife, Kimberly Carter, are citizens of the

State of Florida residing in Lake Worth, Palm Beach County, Florida.

21. Mr. Aveion Cason is a citizen of the State of Texas residing in Grand

Prairie, Tarrant County, Texas.

22. Mr. Jeremiah Castille and his wife, Lori Jean Castille, are citizens of

the State of Alabama residing in Birmingham, Shelby County, Alabama.

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23. Mr. J’Juan Cherry is a citizen of the State of California, residing in

Berkeley, Alameda County, California.

24. Mr. Henry Childs and his wife, Cynthia Childs, are citizens of the

State of Kansas residing in Lenexa, Johnson County, Kansas.

25. Mr. John Copeland and his wife, Melissa Copeland, are citizens of the

State of Alabama residing in Tuscaloosa, Tuscaloosa County, Alabama.

26. Mr. Anthony Davis and his wife, Kelly Davis, are citizens of the State

of Kansas residing in Olathe, Johnson County, Kansas.

27. Mr. Christopher Doering and his wife, Tiffany Doering, are citizens of

the State of Florida residing in Gainesville, Alachua County, Florida.

28. Mr. Anthony Dorsett, Jr. is a citizen of the State of Texas residing in

Dallas, Dallas County, Texas.

29. Mr. Randy Fuller and his wife, Gussie Fuller, are citizens of the State

of Tennessee residing in Nashville, Davidson County, Tennessee.

30. Mr. Brent Fullwood and his wife, Lanette Fullwood, are citizens of

the State of Georgia residing in Marietta, Cobb County, Georgia.

31. Mr. Derrick L. Gainer is a citizen of the State of Florida residing in

Plant City, Hillsborough County, Florida.

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32. Mr. Eugene Goodlow is a citizen of the State of Florida, residing in

Miami, Miami-Dade County, Florida.

33. Mr. Dennis Harrison and his wife, Ida Harrison, are citizens of the

State of Tennessee, residing in Nashville, Davidson County, Tennessee.

34. Mr. Verron Haynes and his wife, Sheena Haynes, are citizens of the

State of Georgia, residing in Woodstock, Cherokee County, Georgia.

35. Mr. David T. Hendrix and his wife, Monica Hendrix, are citizens of

the State of Georgia, residing in Lithonia, DeKalb County, Georgia.

36. Mr. Thomas Michael Hennigan and his wife, Leslie Hennigan, are

citizens of the State of Tennessee, residing in Cookeville, Putnam County,

Tennessee.

37. Mr. Kevin N. House, Sr. is a citizen of the State of Florida residing in

Riverview, Hillsborough County, Florida.

38. Mr. Tyrone L. Howard is a citizen of the State of Ohio, residing in

Dublin, Franklin County, Ohio.

39. Mr. Courtney Jackson is a citizen of the State of Texas, residing in

Houston, Harris County, Texas.

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40. Mr. Charles Hurston and his wife, Thomasina Hurston, are citizens of

the State of Georgia, residing in Johns Creek, Fulton County, Georgia.

41. Mr. Lenzie Jackson and his wife, Sherri Jackson, are citizens of the

State of Arizona, residing in Gilbert, Maricopa County, Arizona.

42. Mr. Lindel G. Jaquess and his wife, Bertha M. Jaquess, are citizens of

the State of California, residing in El Cajon, San Diego County, California.

43. Mr. Eric K. Johnson and his wife, Stacey Johnson, are citizens of the

State of Georgia, residing in Ellenwood, DeKalb County, Georgia.

44. Mr. Marvin Kellum and his wife, Sandra Kellum, are citizens of the

State of Pennsylvania, residing in Pittsburgh, Allegheny County, Pennsylvania.

45. Mr. William Kilmer and his wife, Sandy Kilmer, are citizens of the

State of Florida, residing in Coral Springs, Broward County, Florida.

46. Mr. Antonio Langham is a citizen of the State of Alabama, residing in

Birmingham, Shelby County, Alabama.

47. Mr. Reginald James Lowe is a citizen of the State of Georgia, residing

in Waverly Hall, Harris County, Georgia.

48. Mr. Tony Martin is a citizen of the State of Georgia, residing in

Mableton, Cobb County, Georgia.

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49. Mr. Norris E. McCleary, II is a citizen of the State of North Carolina,

residing in Kings Mountain, Cleveland County, North Carolina.

50. Mr. Joe Mickles is a citizen of the State of Mississippi, residing in

Oxford, Lafayette County, Mississippi.

51. Mr. Christopher A. Mitchell is a citizen of the State of Alabama,

residing in Birmingham, Jefferson County, Alabama.

52. Mr. Sam Olajubutu, Jr. is a citizen of the State of Georgia, residing in

LaGrange, Troup County, Georgia.

53. Mr. Tito Paul and his wife, Tamara Paul, are citizens of the State of

Ohio, residing in Powell, Delaware County, Ohio.

54. Mr. Gerald Perry, Sr. is a citizen of the State of Georgia, residing in

Lithonia, DeKalb County, Georgia.

55. Mr. David Rocker and his wife, Tiffany Rocker, are citizens of the

State of Georgia, residing in Fayetteville, Fayette County, Georgia.

56. Mr. Allen Rossum and his wife, Angela Rossum, are citizens of the

State of Georgia, residing in Braselton, Gwinnett County, Georgia.

57. Mr. Dantrell Savage is a citizen of the State of Georgia, residing in

Columbus, Muscogee County, Georgia.

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58. Mr. Reginald Bernard Slack is a citizen of the State of Florida,

residing in Pensacola, Escambia County, Florida.

59. Mr. Charles Smith and his wife, Mynique Smith, are citizens of the

State of Georgia, residing in Suwanee, Gwinnett County, Georgia.

60. Mr. Robert Vinson Smith and his wife, Maria A. Robinson-Smith, are

citizens of the State of North Carolina, residing in Statesville, Iredell County,

North Carolina.

61. Mr. James W. Steffen is a citizen of the State of Maryland, residing in

Arnold, Anne Arundel County, Maryland.

62. Mr. Matthew Stevens is a citizen of the State of North Carolina,

residing in Chapel Hill, Chatham County, North Carolina.

63. Mr. Matthew R. Storm and his wife, Jennifer Storm, are citizens of the

State of Georgia, residing in Marietta, Cobb County, Georgia.

64. Mr. Arthur Ray Strahan and his wife, Deloris Jean Strahan, are

citizens of the State of Texas, residing in Houston, Harris County, Texas.

65. Mr. Cornell M. Thomas and his wife, Deidre Thomas, are citizens of

the State of Georgia, residing in Locust Grove, Henry County, Georgia.

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66. Mr. Lawyer J. Tillman, Jr. and his wife, Vickie B. Tillman, are

citizens of the State of Alabama, residing in Eight Mile, Mobile County, Alabama.

67. Mr. Joe Walker is a citizen of the State of Texas, residing in Cedar

Hill, Dallas County, Texas.

68. Mr. Ken Watson is a citizen of the State of Texas, residing in

Woodlands, Harris County, Texas.

69. Mr. Fred Weary and his wife, Casey Weary, are citizens of the State

of Texas, residing in Pearland, Brazoria County, Texas.

70. Mr. Terry Williams and his wife, Tonya Williams, are citizens of the

State of Florida, residing in Daytona Beach, Volusia County, Florida.

71. Mr. Eric Yarber and his wife, Michele Yarber, are citizens of the State

of California, residing in Pacific Palisades, Los Angeles County, California.

72. Mr. Christopher L. Young is a citizen of the State of Colorado,

residing in Aurora, Arapahoe County, Colorado.

73. All Defendants, and each of them, are legally responsible for the

injuries and damages complained of herein.

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74. At all times herein mentioned, Defendants, and each of them, were the

agents, servants, and employees of each of the other, acting within the course and

scope of said agency and employment.

75. Defendant NFL is a nonprofit, non-incorporated entity organized and

existing under the laws of the State of New York, with its principal place of

business at 345 Park Avenue, New York, NY 10017. The NFL is not, and has not

been, the employer of Plaintiffs, who were employed by independent team clubs

during their career in professional football. The NFL regularly conducts business

in Georgia.

76. Defendant NFL Properties, LLC, as the successor-in-interest to

National Football League Properties, Inc. (“NFL Properties”) is a limited liability

company organized under the laws of the State of Delaware with its principal place

of business in the State of New York. NFL Properties is engaged in, among other

activities, approving, licensing and promoting equipment by all the NFL teams.

NFL Properties regularly conducts business in Georgia.

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JURISDICTION AND VENUE

77. This Court has jurisdiction over this action pursuant to 28 U.S.C. §

1332(a), as there is diversity of citizenship and the amount in controversy exceeds

$75,000, exclusive of interests and costs.

78. This Court has personal jurisdiction over Defendants as it does

business in Georgia, has a franchise which plays in Georgia, and derives

substantial revenue from its contacts with Georgia.

79. Venue properly lies in this district pursuant to 28 U.S.C. § 1391(a)(2)

and 1391(b)(2) as a substantial part of the events and/or omissions giving rise to

the claims emanated from activities within this jurisdiction and the Defendants

conduct substantial business in this jurisdiction.

ALLEGATIONS APPLICABLE TO ALL COUNTS THE NATIONAL FOOTBALL LEAGUE

80. The NFL acts as a trade association for thirty-two (32) franchise

owners, and consists of two (2) structured conferences, the AFC and the NFC

comprised of thirty-two (32) teams.

81. The NFL is a separate entity from each of its teams. American

Needle, Inc. v. NFL, et al., 130 S. Ct. 2201 (U.S. 2010).

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82. Each team functions as a separate business but operates under shared

revenue generated through broadcasting, merchandising and licensing.

83. The NFL governs and promotes the game of American football, sets

and enforces rules and league policies, and regulates team ownership. It generates

revenue mostly through marketing sponsorships, licensing merchandise and by

selling national broadcasting rights to the games. The teams share a percentage of

the League’s overall revenue.

84. Owing in part to its immense financial power and status in American

football, the NFL has assumed enormous influence over the research and education

of football injuries to physicians, trainers, coaches, and amateur football players at

all levels of the game.

85. The League’s website www.nflhealthandsafety.com states that USA

Football, the sport’s national governing body, “is the Official Youth Football

Development Partner of the NFL and the NFL Players Association. The

independent non-profit organization leads the development of youth, high school

and international amateur football. In addition, USA Football operates programs

and builds resources to address key health and safety issues in partnership with

leading medical organizations. The organization was endowed by the NFL and

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NFLPA through the NFL Youth Football Fund in 2002. USA Football stands

among the leaders in youth sports concussion education, particularly for football.”

THE NFL AND THE CBA

86. Until March of 2011, all NFL players were members of a union called

the National Football League Players Association (“NFLPA”). The NFLPA

negotiates the general minimum contract for all players in the League with the

National Football League Management Council (“NFLMC”). This contract is

called the Collective Bargaining Agreement (“CBA”) and it is the central

document that governs the negotiation of individual player contracts for all of the

League’s players. However, the NFL retired players have not been the subject of

or a party to the CBA.

87. Plaintiffs are retirees and not signatories to the CBA, nor are they the

subject of or a party to an agreement between the NFL and the NFLPA. Plaintiffs’

claims are not preempted by federal labor law since the CBA does not apply to

their claims.

THE NATURE OF HEAD INJURIES SUFFERED BY NFL PLAYERS

88. The American Association of Neurological Surgeons defines a

concussion as “a clinical syndrome characterized by an immediate and transient

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alteration in brain function, including an alteration of mental status and level of

consciousness, resulting from mechanical force or trauma.” The injury generally

occurs when the head either accelerates rapidly and then is stopped, or is spun

suddenly. The results frequently include confusion, blurred vision, memory loss,

nausea and, sometimes, unconsciousness.

89. A hit to the head may result in smashing, jiggling and torquing of the

brain while causing strains and tears, snapping blood vessels, killing brain cells

(neurons) and shearing the delicate connections (axons) that link this incredibly

complex organ.

90. Medical evidence has shown that symptoms of a concussion can

reappear hours or days after the injury, indicating that the injured party had not

healed from the injury.

91. According to neurologists, once a person suffers a concussion, he is as

much as four times more likely to sustain a second concussion. Additionally, after

several concussions, a lesser impact may cause the injury, and the injured player

requires more time to recover.

92. Clinical and neuropathological studies by some of the nation’s

foremost experts demonstrate that multiple concussions sustained during an NFL

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player’s career may cause severe cognitive problems such as depression and early-

onset dementia.

93. Chronic Traumatic Encephalopathy (“CTE”) is a progressive

degenerative disease of the brain found in athletes (and others) with a history of

repetitive concussions. Conclusive studies have shown this condition to be

prevalent in retired professional football players who have a history of head injury.

94. Head trauma, which includes multiple concussions, triggers

progressive degeneration of the brain tissue. These changes in the brain can begin

months, years, or even decades after the last concussion or end of active athletic

involvement. The brain degeneration is associated with memory loss, confusion,

impaired judgment, paranoia, impulse control problems, aggression, depression,

and eventually, progressive dementia.

95. In 2002, Dr. Bennet Omalu, a forensic pathologist and

neuropathologist, found CTE in the brain of NFL Hall of Famer Mike Webster.

96. By 2007, Dr. Omalu found a fourth case linking the death of a former

NFL player to CTE from his football career.

97. Around the same time period, the University of North Carolina’s

Center for the Study of Retired Athletes published survey-based papers in 2005

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through 2007 that found a clear correlation between NFL football and depression,

dementia, and other cognitive impairment.

98. In 1994, the NFL undertook the responsibility of studying concussion

research through funding the MTBI Committee.

99. The NFL MTBI Committee published its findings in 2004 showing

“no evidence of worsening injury or chronic cumulative effects” from multiple

concussions. In a related study, the Committee found “many NFL players can be

safely allowed to return to play” on the day of a concussion if they are without

symptoms and cleared by a physician.

100. Commissioner Roger Goodell in June of 2007 admitted publicly that

the NFL has been studying the effects of traumatic brain injury for “close to 14

years…”

101. It was not until June of 2010 that the NFL publicly acknowledged that

concussions can lead to dementia, memory loss, CTE and related symptoms by

publishing warnings to every player and team.

102. To date, neuroanatomists have performed autopsies on 13 former NFL

players who died after exhibiting signs of degenerative brain disease. Twelve of

these players were found to have suffered from CTE.

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103. Until very recently, CTE could only be diagnosed by autopsy.

NFL’S DUTY TO PLAYERS AND THE PUBLIC

104. The NFL overtly undertook a duty to study concussions on behalf of

NFL players.

105. The NFL owed a duty to players including Plaintiffs, in the following

respects:

(a) It owed a duty of reasonable care to protect Plaintiffs on the

playing field;

(b) It owed a duty of reasonable care to Plaintiffs to educate them

and other players in the NFL about CTE and/or concussion injury;

(c) It owed a duty of reasonable care to Plaintiffs to educate

trainers, physicians, and coaches about CTE and/or concussion injury;

(d) It owed a duty of reasonable care to Plaintiffs to have in place

strict return-to-play guidelines to prevent CTE and/or concussion injury;

(e) It owed a duty of reasonable care to Plaintiffs to promote a

“whistleblower” system where teammates would bring to the attention of a

trainer, physician, or coach that another player had sustained concussion injury;

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(f) It owed a duty of reasonable care to Plaintiffs to design rules

and penalties for players who use their head or upper body to hit or tackle;

(g) It owed a duty of reasonable care to Plaintiffs to design rules to

eliminate the risk of concussion during games and/or practices;

(h) It owed a duty of reasonable care to Plaintiffs to promote

research into and cure for CTE and the effects of concussion injury over a

period of time; and

(i) It owed a duty of reasonable care to State governments, local

sports organizations, all American Rules Football leagues and players, and the

public at large to protect against the long-term effects of CTE and/or

concussion injury.

106. The NFL knew as early as the 1920’s of the potential harmful effects

on player’s who suffer concussions; however, until June of 2010, they concealed

these facts from coaches, trainers, players, and the public.

107. Plaintiffs did not know, nor did they have reason to know, the long-

term effects of concussions and relied on the Defendants to provide reasonable

warnings, rules, regulations and studies.

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DEFENDANTS’ KNOWLEDGE OF THE RISK OF CONCUSSIONS

108. For decades, Defendants have known that multiple blows to the head

can lead to long-term brain injury, including memory loss, dementia, depression,

and CTE and its related symptoms.

109. This action arises from Defendants’ failure to warn and protect NFL

players, such as Plaintiffs, against long-term brain injury risks associated with

football-related concussions.

110. While Defendants undertook to investigate, research, and promulgate

multiple safety rules, Defendants were negligent in failing to act reasonably and

exercise their duty to enact reasonable league-wide guidelines and mandatory rules

regulating post-concussion medical treatment and return-to-play standards for

players who had suffered a concussion and/or multiple concussions.

111. Defendants affirmatively assumed a duty to use reasonable care in the

study of post-concussion syndrome, and to use reasonable care in the publication

of data from the MTBI Committee’s work.

112. Rather than exercising reasonable care in these duties, Defendants

immediately engaged in a long-running course of negligent conduct.

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113. By failing to exercise their duty to enact reasonable and prudent rules

to better protect players against the risks associated with repeated brain trauma,

Defendants’ failure to exercise their independent duty has led to the deaths of

some, and brain injuries of many other former players, including Plaintiffs.

114. Defendants’ ongoing undertaking to protect the health and safety of

the players is evidenced by the NFL’s enactment of at least the following non-

exhaustive list of rules pertaining to players’ health and safety:

(a) In 1956, the NFL enacted a rule that prohibited the grabbing of

any player’s facemask, other than the ball carrier;

(b) In 1962, the NFL enacted a rule that prohibited players from

grabbing any player’s facemask;;

(c) In 1976, the NFL enacted a rule that prohibited players from

grabbing the facemask of an opponent. The penalty for an incidental grasp of

the facemask was 5 yards. The penalty for twisting, turning, or pulling the

facemask was 15 yards. A player could be ejected from the game if the foul is

judged to be vicious and/or flagrant;

(d) In 1977, the NFL enacted a rule that prohibited players from

slapping the head of another player during play. This rule was referred to as the

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“Deacon Jones Rule,” named after the Rams’ defensive end who frequently

used this technique;

(e) In 1977, the NFL enacted a rule that prohibited Offensive

Lineman from thrusting their hands into a defender’s neck, face, or head;;

(f) In 1979, the NFL enacted a rule that prohibited players from

using their helmets to butt, spear, or ram an opponent. Pursuant to this rule, any

player who used the crown or top of his helmet unnecessarily will be called for

unnecessary roughness;

(g) In 1980, the NFL enacted rule changes that provided greater

restrictions on contact in the area of the head, neck, and face;

(h) In 1980, the NFL enacted rule changes that prohibited players

from directly striking, swinging, or clubbing the head, neck, or face (“personal

foul”). Beginning in 1980, a penalty could be called for such contact whether

or not the initial contact was made below the neck area;

(i) In 1982, the NFL enacted a rule change by which the penalty

for incidental grabbing of a facemask by a defensive team was changed from 5

yards to an automatic first down plus a 5 yard penalty;

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(j) In 1983, the NFL enacted a rule that prohibited players from

using a helmet as a weapon to strike or hit an opponent;

(k) In 1988, the NFL enacted a rule that prohibited defensive

players from hitting quarterbacks below the waist while they are still in the

pocket. (The rule was unofficially called the “Andre Waters Rule” based upon

a hit that Waters placed on Los Angeles Rams quarterback Jim Everett in

1988); and

(l) Following the 2004-2005 season, the NFL’s Competition

Committee reviewed video of the entire season and concluded that the horse-

collar tackle resulted in six serious injuries. On May 23, 2005, the NFL owners

voted 27-5 to ban such tackles. The ban states that a horse-collar tackle is an

open-field tackle in which a defender uses the shoulder pads to immediately

bring a ball carrier down.

115. However, the Defendants failed to enact reasonable rules and

regulations for the prevention of traumatic brain injuries.

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NFL FRAUDULENTLY CONCEALED THE LONG-TERM EFFECTS OF CONCUSSIONS

116. Instead of taking measures to actually protect its players from

suffering brain injuries, the NFL created the MTBI Committee in 1994 to

ostensibly study the effects of concussions on NFL players.

117. The MTBI Committee was chaired by Dr. Elliot Pellman, the New

York Jets team trainer, a rheumatologist who is not certified as a brain injury

and/or concussion specialist.

118. After 14 years of studies, and after numerous medical journal articles

written by the NFL’s MTBI Committee, Defendants concluded that “[b]ecause a

significant percentage of players returned to play in the same game [after suffering

a mild traumatic brain injury] and the overwhelming majority of players with

concussions were kept out of football-related activities for less than 1 week, it can

be concluded that mild TBI’s in professional football are not serious injuries.” See

“Concussion in professional football: Summary of the research conducted by the

National Football League’s Committee on Mild Traumatic Brain Injury.”

Neurosurg Focus 21 (4):E12; 2006, RI. Pellman and D.C. Viano.

28

119. According to Defendants’ own “studies,” the speedy return to play

after suffering a concussion demonstrates that such players were at no greater risk

of suffering long-term brain injury.

120. The NFL-funded study is completely devoid of logic and science.

More importantly, it is contrary to their Health and Safety Rules as well as 75

years of published medical literature on concussions.

121. A series of clinical and neuropathological studies performed by

independent scientists and physicians demonstrated that multiple NFL induced-

concussions cause cognitive problems such as depression, early on-set dementia

and CTE.

122. In response to these studies, Defendants, to further a scheme of fraud

and deceit, had members of the NFL’s MTBI Committee deny knowledge of a link

between concussion and cognitive decline.

123. When the NFL’s MTBI Committee anticipated studies that would

show causal links between concussion and cognitive degeneration, the Committee

promptly published articles producing contrary findings, as part of Defendants’

scheme to deceive Congress, the players and the public at large.

29

124. Dr. Bennet Omalu examined the brain tissue of deceased NFL players

including Mike Webster, Terry Long, Andrew Waters and Justin Strzelczyk. Dr.

Omalu in an article in Neurosurgery concluded that CTE triggered by multiple

NFL concussions, was a partial cause of their death.

125. In response to Dr. Omalu’s article, Defendants’ MTBI Committee,

(Drs. Ira Casson, Eliot Pellman and David Viano) wrote a letter to the editor of

Neurosurgery asking that Dr. Omalu’s article be retracted.

126. A clinical study performed by Dr. Kevin Guskiewicz found that

retired players who sustained three or more concussions in the NFL had a five-

fold prevalence of mild cognitive impairment. The NFL’s MTBI Committee, (Dr.

Mark Lowell), promptly attacked the article by refusing to accept a survey of 2,400

former NFL players.

127. Because of Congressional scrutiny and media pressure, the NFL

scheduled a league-wide Concussion Summit for June 2007. Defendants, in

furtherance of their scheme of deceit issued a pamphlet to players in August 2007,

which stated: “there is no magic number for how many concussions is too many.”

128. When Boston University’s Dr. Ann McKee found CTE present in the

brains of two more deceased NFL players, a member of the Committee

30

characterized each study as an “isolated incident” from which no conclusion could

be drawn.

129. The NFL MTBI Committee has been on direct notice of multiple NFL

head injuries contributing to cognitive decline in later life, yet it has never

amended the 2007 NFL’s MTBI Committee statement: “Current research with

professional athletes has not shown that having more than one or two concussions

leads to permanent problems… It is important to understand that there is no magic

number for how many concussions is too many.”

130. Defendants have yet to amend these inaccurate and misleading

statements.

DEFENDANTS ACKNOWLEDGE THEIR DUTY TO PROTECT AGAINST THE LONG-TERM RISK OF CONCUSSIONS

131. On August 14, 2007, Defendants acknowledged their duty to players

by enacting rules to protect them against the risk associated with repeated brain

trauma.

132. The NFL’s 2007 concussion guidelines, many of which stemmed from

an NFL conference in June of 2007 involving team trainers and doctors, were sent

to all current players and other team personnel.

31

133. The NFL’s 2007 guidelines on concussion management include a

whistle-blower provision for individuals to report concussions with the League so

that a player with a head injury is not forced to practice or play against medical

advice.

134. The NFL’s 2007 concussion guidelines also include an informational

pamphlet provided to all current NFL players to aid in identifying symptoms of a

concussion. This information was later withdrawn by outside counsel of the NFL

in a separate letter to its disability plan, as well as the NFL’s August 14, 2007 press

release denying that “more than one or two concussion leads to permanent

problems.”

135. In a statement issued by the NFL on August 14, 2007, Roger Goodell,

the Commissioner of the NFL, introduced the NFL’s 2007 concussion guidelines

by saying, “We want to make sure all NFL players, coaches and staff members are

fully informed and take advantage for the most up-to-date information and

resources as we continue to study the long-term impact of concussions.”

136. The NFL’s Commissioner also stated, “ [b]ecause of the unique and

complex nature of the brain, our goal is to continue to have concussions managed

32

conservatively by outstanding medical personnel in a way that clearly emphasized

player safety over competitive concerns.”

137. The NFL’s 2007 concussion guidelines indicate when a player with a

concussion can return to a game or practice.

138. The NFL’s 2007 concussion guidelines specifically mandate that a

player should have normal neurological test results and no concussion symptoms

before returning to play.

139. Defendants acknowledged that said guidelines were inadequate and

insufficient. As a result, the NFL enacted more strict regulations to handle

concussions starting in the 2009 season. Specifically, the NFL announced new

rules requiring players who exhibit any significant signs of concussion to be

removed from a game or practice and be barred from returning the same day.

140. Nevertheless, it was not until June of 2010 that the NFL warned any

player of the long-term risks associated with multiple concussions, including

dementia, memory loss, CTE and its related symptoms.

141. As of today, Defendants have not warned retired players of the long-

term health effects of concussions.

33

DEFENDANTS’ CONDUCT WAS DELIBERATE, WILFULL AND WANTON

142. The aforementioned acts and omissions of Defendants demonstrate

that they acted deliberately, willfully, and wantonly with indifference to the rights

and duties owed and consequences to Plaintiffs.

143. Defendants knew that a substantial risk of physical and mental harm

to the NFL players existed in connection with repeated concussive blows to the

head, to wit: the danger of irreversible brain-damage and/or dementia. Defendants

willfully and deliberately disregarded the safety of others in continually

undertaking to establish and promulgate safety rules for the NFL that failed to

reasonably address or disclose substantial risk of head injury.

PLAINTIFFS NATHANIEL D. ABRAHAM AND TUNISIA ABRAHAM

144. Plaintiff Nathaniel D. Abraham played nine (9) NFL seasons from

1996 – 2004 for the Tampa Bay Buccaneers and the New York Jets.

145. Throughout his career as a professional football player, Plaintiff

Nathaniel D. Abraham suffered multiple concussive hits and blows to the head.

146. Plaintiff Nathaniel D. Abraham was not warned by Defendants of the

risk of long-term injury due to football-related concussions or that the League-

34

managed equipment did not protect him from such injury. This was a substantial

factor in causing his current injuries.

147. Plaintiff Nathaniel D. Abraham suffers from multiple past traumatic

brain injuries with symptoms including but not limited to, headaches, vertigo,

sensitivity to light, and fatigue.

148. Plaintiff’s wife, Tunisia Abraham, brings a claim for loss of

consortium.

PLAINTIFF HIRAM ALEX

149. Plaintiff Hiram Alex played three (3) NFL seasons from 1992 - 1995

for the Atlanta Falcons and Minnesota Vikings.


Hiram Alex suffered multiple concussive hits and blows to the head.

151. Plaintiff Hiram Alex was not warned by Defendants of the risk of

long-term injury due to football-related concussions or that the League-managed

equipment did not protect him from such injury. This was a substantial factor in

causing his current injuries.

35

152. Plaintiff Hiram Alex suffers from multiple past traumatic brain

injuries with symptoms including but not limited to, memory loss, headaches, and

sleeplessness.

PLAINTIFF JOHN W. ALEXANDER, JR.

153. Plaintiff John W. Alexander, Jr. played two (2) NFL seasons from

1977 – 1978 for the Miami Dolphins.

154. Throughout his career as a professional football player, Plaintiff John

W. Alexander, Jr. suffered multiple concussive hits and blows to the head.

155. Plaintiff John W. Alexander, Jr. was not warned by Defendants of the




156. Plaintiff John W. Alexander, Jr. suffers from multiple past traumatic

brain injuries with symptoms including but not limited to, headaches and dizziness.

PLAINTIFFS ANTONIO ANDERSON AND ANA MARIE ANDERSON

157. Plaintiff Antonio Anderson played two (2) NFL seasons from 1997 –

1998 for the Dallas Cowboys.

36


Antonio Anderson suffered multiple concussive hits and blows to the head.

159. Plaintiff Antonio Anderson was not warned by Defendants of the risk

of long-term injury due to football-related concussions or that the League-managed



160. Plaintiff Antonio Anderson suffers from multiple past traumatic

brain injuries with symptoms including but not limited to, memory loss, headaches,

and sleeplessness.

161. Plaintiff’s wife, Ana Marie Anderson, brings a claim for loss of

consortium.

PLAINTIFF GENE ATKINS, SR.

162. Plaintiff Gene Atkins, Sr. played ten (10) NFL seasons from 1987 –

1996 for the New Orleans Saints and the Miami Dolphins.

163. Throughout his career as a professional football player, Plaintiff Gene

Atkins, Sr. suffered multiple concussive hits and blows to the head.

164. Plaintiff Gene Atkins, Sr. was not warned by Defendants of the risk of


37



165. Plaintiff Gene Atkins, Sr. suffers from multiple past traumatic brain

injuries with symptoms including but not limited to, memory loss, headaches,

fatigue, difficulty concentrating, and sleeplessness.

PLAINTIFFS JAMES A. BAKER AND SABRINA BAKER

166. Plaintiff James A. Baker played thirteen (13) NFL seasons from 1978

– 1990 for the Detroit Lions, the St. Louis Cardinals, the Cleveland Browns and

the Minnesota Vikings.


James A. Baker suffered multiple concussive hits and blows to the head.

168. Plaintiff James A. Baker was not warned by Defendants of the risk of




169. Plaintiff James A. Baker suffers from multiple past traumatic brain

injuries with symptoms including but not limited to, memory loss, sleeplessness,

depression, and confusion/disorientation.

38

170. Plaintiff’s wife, Sabrina Baker, brings a claim for loss of consortium.

PLAINTIFF RANDY BALDWIN

171. Plaintiff Randy Baldwin played six (6) NFL seasons from 1991 –

1996 for the Minnesota Vikings, Cleveland Browns, Carolina Panthers, San

Francisco 49ers and the Baltimore Ravens.


Randy Baldwin suffered multiple concussive hits and blows to the head.

173. Plaintiff Randy Baldwin was not warned by Defendants of the risk of




174. Plaintiff Randy Baldwin suffers from multiple past traumatic brain


difficulty concentrating, and blurred vision.

PLAINTIFF TATUM BELL

175. Plaintiff Tatum Bell played five (5) NFL seasons, from 2004 – 2008

for the Denver Broncos and the Detroit Lions.

39


Tatum Bell suffered multiple concussive hits and blows to the head.

177. Plaintiff Tatum Bell was not warned by Defendants of the risk of




178. Plaintiff Tatum Bell suffers from multiple past traumatic brain injuries

with symptoms including but not limited to, migraines and headaches, dizziness,

and blurred vision.

PLAINTIFF JESSE BENDROSS

179. Plaintiff Jesse Bendross played three (3) NFL seasons from 1984 –

1987 for the San Diego Chargers and the Philadelphia Eagles.

180. Throughout his career as a professional football player, Plaintiff Jesse

Bendross suffered multiple concussive hits and blows to the head.

181. Plaintiff Jesse Bendross was not warned by Defendants of the risk of




40

182. Plaintiff Jesse Bendross suffers from multiple past traumatic brain

injuries with symptoms including but not limited to, memory loss, dizziness, mood

swings, and difficulty concentrating.

PLAINTIFFS LUTHER BLUE AND DEBRA L. CAIN-BLUE

183. Plaintiff Luther Blue played four (4) NFL seasons from 1977 – 1980

for the Detroit Lions and the Philadelphia Eagles.


Luther Blue suffered multiple concussive hits and blows to the head.

185. Plaintiff Luther Blue was not warned by Defendants of the risk of




186. Plaintiff Luther Blue suffers from multiple past traumatic brain

injuries with symptoms including but not limited to, memory loss, dizziness, and

difficulty concentrating.

187. Plaintiff’s wife, Diane L. Cain-Blue, brings a claim for loss of

consortium.

41

PLAINFIFFS RONALD JEROME BLYE AND HARRIETTE BLYE

188. Plaintiff Ronald Jerome Blye played two (2) NFL seasons from 1968

– 1969 for the New York Giants and the Philadelphia Eagles.


Ronald Jerome Blye suffered multiple concussive hits and blows to the head.

190. Plaintiff Ronald Jerome Blye was not warned by Defendants of the




191. Plaintiff Ronald Jerome Blye suffers from multiple past traumatic

brain injuries with symptoms including but not limited to, memory loss,

sleeplessness, difficulty concentrating, anger management, hearing impairment,

and depression.

192. Plaintiff’s wife, Harriette Blye, brings a claim for loss of consortium.

PLAINTIFF REGINALDO BRANCH

193. Plaintiff Reginaldo Branch played five (5) NFL seasons from 1985 –

1989 for the Washington Redskins.

42


Reginaldo Branch suffered multiple concussive hits and blows to the head.

195. Plaintiff Reginaldo Branch was not warned by Defendants of the risk




196. Plaintiff Reginaldo Branch suffers from multiple past traumatic brain

injuries with symptoms including but not limited to, headaches, depression,

sleeplessness, and difficulty concentrating.

PLAINTIFFS JOHN BRANTLEY, JR. AND DIANE BRANTLEY

197. Plaintiff John Brantley, Jr. played four (4) NFL seasons from 1988 –

1994 for the Houston Oilers and the Washington Redskins.


Brantley, Jr. suffered multiple concussive hits and blows to the head.

199. Plaintiff John Brantley, Jr. was not warned by Defendants of the risk




43

200. Plaintiff John Brantley, Jr. suffers from multiple past traumatic brain


mood swings.

201. Plaintiff’s wife, Diane Brantley, brings a claim for loss of consortium.

PLAINTIFFS ANTHONY CARTER AND KIMBERLY CARTER

202. Plaintiff Anthony Carter played eleven (11) NFL seasons from 1985 –

1995 for the Minnesota Vikings and the Detroit Lions.


Anthony Carter suffered multiple concussive hits and blows to the head.

204. Plaintiff Anthony Carter was not warned by Defendants of the risk of




205. Plaintiff Anthony Carter suffers from multiple past traumatic brain

injuries with symptoms including but not limited to, memory loss and mood

swings.

206. Plaintiff’s wife, Kimberly Carter, brings a claim for loss of

consortium.

44

PLAINTIFF AVEION CASON

207. Plaintiff Aveion Cason played nine (9) NFL seasons from 2001 –

2008 for the St. Louis Rams, the Detroit Lions and the Dallas Cowboys.


Aveion Cason suffered multiple concussive hits and blows to the head.

209. Plaintiff Aveion Cason was not warned by Defendants of the risk of




210. Plaintiff Aveion Cason suffers from multiple past traumatic brain

injuries with symptoms including but not limited to, headaches, memory loss, and

ringing in the ears.

PLAINTIFFS JEREMIAH CASTILLE AND LORI JEAN CASTILLE

211. Plaintiff Jeremiah Castille played six (6) NFL seasons from 1983 –

1988 for the Tampa Bay Buccaneers and the Denver Broncos.


Jeremiah Castille suffered multiple concussive hits and blows to the head.

45

213. Plaintiff Jeremiah Castille was not warned by Defendants of the risk




214. Plaintiff Jeremiah Castille suffers from multiple past traumatic brain

injuries with symptoms including but not limited to, headaches and

numbness/tingling of his extremities.

215. Plaintiff’s wife, Lori Jean Castille, brings a claim for loss of

consortium.

PLAINTIFF J’JUAN CHERRY

216. Plaintiff J’Juan Cherry played one (1) NFL season in 1999 for the

New England Patriots.


J’Juan Cherry suffered multiple concussive hits and blows to the head.

218. Plaintiff J’Juan Cherry was not warned by Defendants of the risk of




46

219. Plaintiff J’Juan Cherry suffers from multiple past traumatic brain


sleeplessness, and blurred vision.

PLAINTIFFS HENRY CHILDS AND CYNTHIA CHILDS

220. Plaintiff Henry Childs played nine (9) NFL seasons, from 1974 –

1984 for the Atlanta Falcons, the New Orleans Saints, the Los Angeles Rams and

the Green Bay Packers.


Henry Childs suffered multiple concussive hits and blows to the head.

222. Plaintiff Henry Childs was not warned by Defendants of the risk of




223. Plaintiff Henry Childs suffers from multiple past traumatic brain



224. Plaintiff’s wife, Cynthia Childs, brings a claim for loss of consortium.

47

PLAINTIFFS JOHN COPELAND AND MELISSA COPELAND

225. Plaintiff John Copeland played nine (9) NFL seasons, from 1993 –

2001 for the Cincinnati Bengals.


Copeland suffered multiple concussive hits and blows to the head.

227. Plaintiff John Copeland was not warned by Defendants of the risk of




228. Plaintiff John Copeland suffers from multiple past traumatic brain


difficulty concentrating, and impaired speech and hearing.

229. Plaintiff’s wife, Melissa Copeland, brings a claim for loss of

consortium.

PLAINTIFFS ANTHONY DAVIS AND KELLY DAVIS

230. Plaintiff Anthony Davis played nine (9) NFL seasons from 1992 –

2000 for the Houston Oilers, the Seattle Seahawks, the Kansas City Chiefs, the

Green Bay Packers and the Baltimore Ravens.

48


Anthony Davis suffered multiple concussive hits and blows to the head.

232. Plaintiff Anthony Davis was not warned by Defendants of the risk of




233. Plaintiff Anthony Davis suffers from multiple past traumatic brain

injuries with symptoms including but not limited to, memory loss, dizziness,

sleeplessness, anxiety, and depression.

234. Plaintiff’s wife, Kelly Davis, brings a claim for loss of consortium.

PLAINTIFFS CHRISTOPHER DOERING AND TIFFANY DOERING

235. Plaintiff Christopher Doering played seven (7) NFL seasons from

1996 – 2004 for the Indianapolis Colts, the Denver Broncos, the Washington

Redskins and the Pittsburgh Steelers.


Christopher Doering suffered multiple concussive hits and blows to the head.

237. Plaintiff Christopher Doering was not warned by Defendants of the


49



238. Plaintiff Christopher Doering suffers from multiple past traumatic

brain injuries with symptoms including but not limited to, hearing impairment,

headaches, memory loss, mood swings, irritability, and depression.

239. Plaintiff’s wife, Tiffany Doering, brings a claim for loss of

consortium.

PLAINTIFF ANTHONY DORSETT, JR.

240. Plaintiff Anthony Dorsett, Jr. played eight (8) NFL seasons from 1996

– 2003 for the Houston Oilers, the Tennessee Oilers/Titans and the Oakland

Raiders.


Anthony Dorsett, Jr. suffered multiple concussive hits and blows to the head.

242. Plaintiff Anthony Dorsett, Jr. was not warned by Defendants of the




50

243. Plaintiff Anthony Dorsett, Jr. suffers from multiple past traumatic



PLAINTIFFS RANDY L. FULLER AND GUSSIE FULLER

244. Plaintiff Randy L. Fuller played six (6) NFL seasons from 1994 –

1999 for the Denver Broncos, the Pittsburgh Steelers, the Atlanta Falcons, and the

Seattle Seahawks.


Randy L. Fuller suffered multiple concussive hits and blows to the head.

246. Plaintiff Randy L. Fuller was not warned by Defendants of the risk of




247. Plaintiff Randy L. Fuller suffers from multiple past traumatic brain


sleeplessness.

248. Plaintiff’s wife, Gussie Fuller, brings a claim for loss of consortium.

51

PLAINTIFFS BRENT FULLWOOD AND LANETTE FULLWOOD

249. Plaintiff Brent Fullwood played five (5) NFL seasons from 1987 –

1991 for the Green Bay Packers, the Cleveland Browns and the Miami Dolphins.

250. Throughout his career as a professional football player, Brent

Fullwood suffered multiple concussive hits and blows to the head.

251. Plaintiff Brent Fullwood was not warned by Defendants of the risk of




252. Plaintiff Brent Fullwood suffers from multiple past traumatic brain

injuries with symptoms including but not limited to, headaches and memory loss.

253. Plaintiff’s wife, Lanette Fullwood, brings a claim for loss of

consortium.

PLAINTIFF DERRICK L. GAINER

254. Plaintiff Derrick L. Gainer played three (3) NFL seasons from 1990 –

1993 for the Cleveland Browns, the Los Angeles Rams and the Dallas Cowboys.


Derrick L. Gainer suffered multiple concussive hits and blows to the head.

52

256. Plaintiff Derrick L. Gainer was not warned by Defendants of the risk




257. Plaintiff Derrick L. Gainer suffers from multiple past traumatic brain


blurred vision, and sensitivity to light.

PLAINTIFF EUGENE GOODLOW

258. Plaintiff Eugene Goodlow played four (4) NFL seasons from 1983 –

1986 for the New Orleans Saints.


Eugene Goodlow suffered multiple concussive hits and blows to the head.

260. Plaintiff Eugene Goodlow was not warned by Defendants of the risk




53

261. Plaintiff Eugene Goodlow suffers from multiple past traumatic brain

injuries with symptoms including but not limited to, dizziness, headaches, and

confusion/disorientation.

PLAINTIFFS DENNIS HARRISON AND IDA HARRISON

262. Plaintiff Dennis Harrison played ten (10) NFL seasons from 1978 –

1987 for the Atlanta Falcons, the San Francisco 49ers, the Los Angeles Rams and

the Philadelphia Eagles.


Dennis Harrison suffered multiple concussive hits and blows to the head.

264. Plaintiff Dennis Harrison was not warned by Defendants of the risk of




265. Plaintiff Dennis Harrison suffers from multiple past traumatic brain


difficulty concentrating, and vision impairment.

266. Plaintiff’s wife, Ida Harrison, brings a claim for loss of consortium.

54

PLAINTIFFS VERRON HAYNES AND SHEENA HAYNES

267. Plaintiff Verron Haynes played seven (7) NFL seasons from 2002 –

2009 for the Pittsburgh Steelers and the Atlanta Falcons.


Verron Haynes suffered multiple concussive hits and blows to the head.

269. Plaintiff Verron Haynes was not warned by Defendants of the risk of




270. Plaintiff Verron Haynes suffers from multiple past traumatic brain


sleeplessness, mood swings, and difficulty concentrating.

271. Plaintiff’s wife, Sheena Haynes, brings a claim for loss of consortium.

PLAINTIFFS DAVID T. HENDRIX AND MONICA HENDRIX

272. Plaintiff David T. Hendrix played three (3) NFL seasons from 1995 –

1997 for the San Diego Chargers.


David T. Hendrix suffered multiple concussive hits and blows to the head.

55

274. Plaintiff David T. Hendrix was not warned by Defendants of the risk




275. Plaintiff David T. Hendrix suffers from multiple past traumatic brain



276. Plaintiff’s wife, Monica Hendrix, brings a claim for loss of

consortium.

PLAINTIFFS THOMAS MICHAEL HENNIGAN AND LESLIE HENNIGAN

277. Plaintiff Thomas Michael Hennigan played six (6) NFL seasons from

1973 – 1978 for the Detroit Lions and for the New York Jets.


Thomas Michael Hennigan suffered multiple concussive hits and blows to the

head.

279. Plaintiff Thomas Michael Hennigan was not warned by Defendants of

the risk of long-term injury due to football-related concussions or that the League-

56



280. Plaintiff Thomas Michael Hennigan suffers from multiple past

traumatic brain injuries with symptoms including but not limited to, memory loss,

equilibrium imbalance, dizziness and headaches, and difficulty concentrating.

281. Plaintiff’s wife, Leslie Hennigan, brings a claim for loss of

consortium.

PLAINTIFF KEVIN N. HOUSE, SR.

282. Plaintiff Kevin N. House, Sr. played seven (7) NFL seasons from

1980 – 1987 for the Tampa Bay Buccaneers and the Los Angeles Rams.


Kevin N. House, Sr. suffered multiple concussive hits and blows to the head.

284. Plaintiff Kevin N. House, Sr. was not warned by Defendants of the




57

285. Plaintiff Kevin N. House, Sr. suffers from multiple past traumatic

brain injuries with symptoms including but not limited to, memory loss,

sleeplessness, blurred vision, depression, and anxiety.

PLAINTIFF TYRONE L. HOWARD

286. Plaintiff Tyrone L. Howard played four (4) NFL seasons from 1997 –

2000 for the Arizona Cardinals, the Cincinnati Bengals and the Tennessee Titans.


Tyrone L. Howard suffered multiple concussive hits and blows to the head.

288. Plaintiff Tyrone L. Howard was not warned by Defendants of the risk




289. Plaintiff Tyrone L. Howard suffers from multiple past traumatic brain

injuries with symptoms including but not limited to, headaches, anxiety, mood

swings, and sleeplessness.

PLAINTIFFS CHARLES HURSTON AND THOMASINA HURSTON

290. Plaintiff Charles Hurston played seven (7) NFL seasons from 1965 –

1971 for the Kansas City Chiefs and the Buffalo Bills.

58

291. Throughout his careers as a professional football player, Plaintiff

Charles Hurston suffered multiple concussive hits and blows to the head.

292. Plaintiff Charles Hurston was not warned by Defendants of the risk of




293. Plaintiff Charles Hurston suffers from multiple past traumatic brain



294. Plaintiff’s wife, Thomasina Hurston, brings a claim for loss of

consortium.

PLAINTIFF COURTNEY JACKSON

295. Plaintiff Courtney Jackson played one (1) NFL season in 2000 for the

Buffalo Bills.


Courtney Jackson suffered multiple concussive hits and blows to the head.

297. Plaintiff Courtney Jackson was not warned by Defendants of the risk


59



298. Plaintiff Courtney Jackson suffers from multiple past traumatic brain



PLAINTIFFS LENZIE JACKSON AND SHERRIE JACKSON

299. Plaintiff Lenzie Jackson played four (4) NFL seasons from 1999 –

2002 for the Jacksonville Jaguars, the Cleveland Browns and the Pittsburgh

Steelers.


Lenzie Jackson suffered multiple concussive hits and blows to the head.

301. Plaintiff Lenzie Jackson was not warned by Defendants of the risk of




302. Plaintiff Lenzie Jackson suffers from multiple past traumatic brain

injuries with symptoms including but not limited to, memory loss, migraines, and


60

303. Plaintiff’s wife, Sherrie Jackson, brings a claim for loss of

consortium.

PLAINTIFFS LINDEL G. JAQUESS AND BERTHA M. JAQUESS

304. Plaintiff Lindel G. Jaquess played seven (7) NFL seasons from 1964 –

1970 for the Houston Oilers, the Miami Dolphins and the Denver Broncos.


Lindel G. Jaquess suffered multiple concussive hits and blows to the head.

306. Plaintiff Lindel G. Jaquess was not warned by Defendants of the risk




307. Plaintiff Lindel G. Jaquess suffers from multiple past traumatic brain

injuries with symptoms including but not limited to, mood swings and irritability.

308. Plaintiff’s wife, Bertha Jaquess, brings a claim for loss of consortium.

PLAINTIFFS ERIC K. JOHNSON AND STACEY JOHNSON

309. Plaintiff Eric K. Johnson played two (2) NFL seasons from 1996 –

1997 for the New York Jets and the Green Bay Packers.

61

310. Throughout his career as a professional football player, Plaintiff Eric

K. Johnson suffered multiple concussive hits and blows to the head.

311. Plaintiff Eric K. Johnson was not warned by Defendants of the risk of




312. Plaintiff Eric K. Johnson suffers from multiple past traumatic brain


sleeplessness.

313. Plaintiff’s wife, Stacey Johnson, brings a claim for loss of consortium.

PLAINTIFFS MARVIN KELLUM AND SANDRA KELLUM

314. Plaintiff Marvin Kellum played four (4) NFL seasons from 1974 –

1977 for the Pittsburgh Steelers and the St. Louis Cardinals.


Marvin Kellum suffered multiple concussive hits and blows to the head.

316. Plaintiff Marvin Kellum was not warned by Defendants of the risk of


62



317. Plaintiff Marvin Kellum suffers from multiple past traumatic brain

injuries with symptoms including but not limited to, memory loss, sleeplessness,

headaches, difficulty concentrating, and mood swings.

318. Plaintiff’s wife, Sandra Kellum, brings a claim for loss of consortium.

PLAINTIFFS WILLIAM KILMER AND SANDY KILMER

319. Plaintiff William Kilmer played sixteen (16) NFL seasons from 1961

– 1978 for the San Francisco 49ers, the New Orleans Saints and the Washington

Redskins.


William Kilmer suffered multiple concussive hits and blows to the head.

321. Plaintiff William Kilmer was not warned by Defendants of the risk of




63

322. Plaintiff William Kilmer suffers from multiple past traumatic brain

injuries with symptoms including but not limited to, headaches, dizziness, and

tingling/numbness of his extremities.

323. Plaintiff’s wife, Sandy Kilmer, brings a claim for loss of consortium.

PLAINTIFF ANTONIO LANGHAM

324. Plaintiff Antonio Langham played seven (7) NFL seasons from 1994

– 2000 for the Cleveland Browns, the Baltimore Ravens, the San Francisco 49ers

and the New England Patriots.


Antonio Langham suffered multiple concussive hits and blows to the head.

326. Plaintiff Antonio Langham was not warned by Defendants of the risk




327. Plaintiff Antonio Langham suffers from multiple past traumatic brain


mood swings, difficulty concentrating, and impaired motor/cognitive functioning.

64

PLAINTIFF REGGIE LOWE

328. Plaintiff Reggie Lowe played two (2) NFL seasons from 1998 – 1999

for the Jacksonville Jaguars and the Pittsburgh Steelers.

329. Throughout his careers as a professional football player, Plaintiff

Reggie Lowe suffered multiple concussive hits and blows to the head.

330. Plaintiff Reggie Lowe was not warned by Defendants of the risk of




331. Plaintiff Reggie Lowe suffers from multiple past traumatic brain

injuries with symptoms including but not limited to, memory loss, depression,

mood swings, and sleeplessness.

PLAINTIFF TONY MARTIN

332. Plaintiff Tony Martin played twelve (12) NFL seasons from 1990 –

2001 for the Miami Dolphins, the San Diego Chargers and the Atlanta Falcons.

333. Throughout his career as a professional football player, Plaintiff Tony

Martin suffered multiple concussive hits and blows to the head.

65

334. Plaintiff Tony Martin was not warned by Defendants of the risk of




335. Plaintiff Tony Martin suffers from multiple past traumatic brain


mood swings, difficulty concentrating, and impaired motor/cognitive functioning.

PLAINTIFF NORRIS E. MCCLEARY, II

336. Plaintiff Norris E. McCleary, II played three (3) NFL seasons from

2000 – 2002 for the Kansas City Chiefs and the Seattle Seahawks.


Norris E. McCleary, II suffered multiple concussive hits and blows to the head.

338. Plaintiff Norris E. McCleary, II was not warned by Defendants of the




66

339. Plaintiff Norris E. McCleary, II suffers from multiple past traumatic

brain injuries with symptoms including but not limited to, memory loss, migraine

headaches, anxiety, confusion, and depression.

PLAINTIFF CHRISTOPHER A. MITCHELL

340. Plaintiff Christopher A. Mitchell played two (2) NFL seasons from

1991 – 1992 for the Philadelphia Eagles.


Christopher A. Mitchell suffered multiple concussive hits and blows to the head.

342. Plaintiff Christopher A. Mitchell was not warned by Defendants of the




343. Plaintiff Christopher A. Mitchell suffers from multiple past traumatic


difficulty concentrating, irritability, sleeplessness, anxiety, depression, and

confusion.

67

PLAINTIFF JOE MICKLES 344. Plaintiff Joe Mickles played three (3) NFL seasons from 1989 – 1991

for the Washington Redskins and the San Diego Chargers.

345. Throughout his career as a professional football player, Plaintiff Joe

Mickles suffered multiple concussive hits and blows to the head.

346. Plaintiff Joe Mickles was not warned by Defendants of the risk of




347. Plaintiff Joe Mickles suffers from multiple past traumatic brain


mood swings.

PLAINTIFF SAM OLAJUBUTU, JR.

348. Plaintiff Sam Olajubutu, Jr. played one (1) NFL season in 2007 for the

Tampa Bay Buccaneers.

349. Throughout his career as a professional football player, Plaintiff Sam

Olajubutu, Jr. suffered multiple concussive hits and blows to the head.

68

350. Plaintiff Sam Olajubutu, Jr. was not warned by Defendants of the risk




351. Plaintiff Sam Olajubutu, Jr. suffers from multiple past traumatic brain

injuries with symptoms including but not limited to, headaches, depression, and


PLAINTIFFS TITO PAUL AND TAMARA PAUL

352. Plaintiff Tito Paul played five (5) NFL seasons from 1995 – 1999 for

the Arizona Cardinals, the Cincinnati Bengals, the Denver Broncos and the

Washington Redskins.

353. Throughout his career as a professional football player, Plaintiff Tito

Paul suffered multiple concussive hits and blows to the head.

354. Plaintiff Tito Paul was not warned by Defendants of the risk of long-

term injury due to football-related concussions or that the League-managed



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355. Plaintiff Tito Paul suffers from multiple past traumatic brain injuries

with symptoms including but not limited to, headaches, memory loss, irritability,

sleeplessness, anger management, and depression.

356. Plaintiff’s wife, Tamara Paul, brings a claim for loss of consortium.

PLAINTIFF GERALD PERRY, SR.

357. Plaintiff Gerald Perry, Sr. played eight (8) NFL seasons from 1988 –

1995 for the Denver Broncos, the Los Angeles Raiders and the Oakland Raiders.


Gerald Perry, Sr. suffered multiple concussive hits and blows to the head.

359. Plaintiff Gerald Perry, Sr. was not warned by Defendants of the risk of




360. Plaintiff Gerald Perry, Sr. suffers from multiple past traumatic brain

injuries with symptoms including but not limited to, memory loss, disorientation,

mood swings, difficulty concentrating, and blurred vision.

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PLAINTIFFS DAVID ROCKER AND TIFFANY ROCKER

361. Plaintiff David Rocker played four (4) NFL seasons from 1991 – 1994

for the Los Angeles Rams.


David Rocker suffered multiple concussive hits and blows to the head.

363. Plaintiff David Rocker was not warned by Defendants of the risk of




364. Plaintiff David Rocker suffers from multiple past traumatic brain



365. Plaintiff’s wife, Tiffany Rocker, brings a claim for loss of consortium.

PLAINTIFFS ALLEN ROSSUM AND ANGELA ROSSUM

366. Plaintiff Allen Rossum played twelve (12) NFL seasons, from 1998 –

2009 for the Philadelphia Eagles, the Green Bay Packers, the Atlanta Falcons, the

Pittsburgh Steelers, the San Francisco 49ers and the Dallas Cowboys.

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367. Throughout his career as a professional football player, Plaintiff Allen

Rossum suffered multiple concussive hits and blows to the head.

368. Plaintiff Allen Rossum was not warned by Defendants of the risk of




369. Plaintiff Allen Rossum suffers from multiple past traumatic brain


sleeplessness, sensitivity to light, and dizziness.

370. Plaintiff’s wife, Angela Rossum, brings a claim for loss of

consortium.

PLAINTIFF DANTRELL SAVAGE

371. Plaintiff Dantrell Savage played three (3) NFL seasons from 2007 –

2010 for the Kansas City Chiefs and the Carolina Panthers.


Dantrell Savage suffered multiple concussive hits and blows to the head.

373. Plaintiff Dantrell Savage was not warned by Defendants of the risk of


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374. Plaintiff Dantrell Savage suffers from multiple past traumatic brain

injuries with symptoms including but not limited to, headaches, dizziness memory

loss, difficulty concentrating, and depression.

PLAINTIFF REGINALD BERNARD SLACK

375. Plaintiff Reginald Bernard Slack played three (3) NFL seasons from

1990 – 1992 for the Houston Oilers.


Reginald Bernard Slack suffered multiple concussive hits and blows to the head.

377. Plaintiff Reginald Bernard Slack was not warned by Defendants of the




378. Plaintiff Reginald Bernard Slack suffers from multiple past traumatic

brain injuries with symptoms including but not limited to, memory loss, difficulty

concentrating, depression, and mood swings.

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PLAINTIFFS CHARLES SMITH AND MYNIQUE SMITH

379. Plaintiff Charles Smith played nine (9) NFL seasons from 1992 –

2000 for the Atlanta Falcons and the Carolina Panthers.


Charles Smith suffered multiple concussive hits and blows to the head.

381. Plaintiff Charles Smith was not warned by Defendants of the risk of




382. Plaintiff Charles Smith suffers from multiple past traumatic brain

injuries with symptoms including but not limited to, headaches, memory loss,

sleeplessness, difficulty concentrating, motor/cognitive impairment, and mood

swings.

383. Plaintiff’s wife, Mynique Smith, brings a claim for loss of consortium.

PLAINTIFFS ROBERT VINSON SMITH AND MARIA A. ROBINSON-SMITH

384. Plaintiff Robert Vinson Smith played eleven (11) NFL seasons from

1988 – 1999 for the Atlanta Falcons, the Dallas Cowboys, the Chicago Bears and

the New Orleans Saints.

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Robert Vinson Smith suffered multiple concussive hits and blows to the head.

386. Plaintiff Robert Vinson Smith was not warned by Defendants of the




387. Plaintiff Robert Vinson Smith suffers from multiple past traumatic

brain injuries with symptoms including but not limited to, headaches, memory loss,

difficulty concentrating, and depression.

388. Plaintiff’s wife, Maria A. Robinson-Smith, brings a claim for loss of

consortium.

PLAINTIFF JAMES W. STEFFEN

389. Plaintiff James W. Steffen played ten (10) NFL seasons from 1959 –

1967 for the Detroit Lions, the Washington Redskins and the Dallas Cowboys.


James W. Steffen suffered multiple concussive hits and blows to the head.

391. Plaintiff James W. Steffen was not warned by Defendants of the risk


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392. Plaintiff James W. Steffen suffers from multiple past traumatic brain


depression.

PLAINTIFF MATTHEW STEVENS

393. Plaintiff Matthew Stevens played eight (8) NFL seasons from 1996 –

2002 for the Buffalo Bills, the Philadelphia Eagles, the Washington Redskins, the

New England Patriots and the Houston Texans.


Matthew Stevens suffered multiple concussive hits and blows to the head.

395. Plaintiff Matthew Stevens was not warned by Defendants of the risk




396. Plaintiff Matthew Stevens suffers from multiple past traumatic brain

injuries with symptoms including but not limited to, memory loss, vision

impairment, and numbness/tingling of his extremities.

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PLAINTIFFS MATTHEW R. STORM AND JENNIFER STORM

397. Plaintiff Matthew R. Storm played three (3) NFL seasons from 1995 –

1998 for the New York Giants, the Washington Redskins, the Pittsburgh Steelers

and the Philadelphia Eagles.


Matthew R. Storm suffered multiple concussive hits and blows to the head.

399. Plaintiff Matthew R. Storm was not warned by Defendants of the risk




400. Plaintiff Matthew R. Storm suffers from multiple past traumatic brain


sleeplessness, difficulty concentrating, and mood swings.

401. Plaintiff’s wife, Jennifer Storm, brings a claim for loss of consortium.

PLAINTIFFS ARTHUR RAY STRAHAN AND DELORIS JEAN STRAHAN

402. Plaintiff Arthur Ray Strahan played two (2) NFL seasons in 1965 and

1968 for the Houston Oilers and the Atlanta Falcons.

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Arthur Ray Strahan suffered multiple concussive hits and blows to the head.

404. Plaintiff Arthur Ray Strahan was not warned by Defendants of the risk




405. Plaintiff Arthur Ray Strahan suffers from multiple past traumatic

brain injuries with symptoms including but not limited to, memory loss, difficulty

concentrating, anxiety, and depression.

406. Plaintiff’s wife, Deloris Jean Strahan, brings a claim for loss of

consortium.

PLAINTIFFS CORNELL M. THOMAS AND DEIDRE THOMAS

407. Plaintiff Cornell M. Thomas played one (1) NFL season in 1994 for

the San Diego Chargers.


Cornell M. Thomas suffered multiple concussive hits and blows to the head.

409. Plaintiff Cornell M. Thomas was not warned by Defendants of the risk


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410. Plaintiff Cornell M. Thomas suffers from multiple past traumatic

brain injuries with symptoms including but not limited to, headaches and dizziness.

411. Plaintiff’s wife, Deidre Thomas, brings a claim for loss of consortium.

PLAINTIFFS LAWYER J. TILLMAN, JR. AND VICKIE B. TILLMAN

412. Plaintiff Lawyer J. Tillman, Jr. played five (5) NFL seasons from

1989 – 1995 for the Cleveland Browns and the Carolina Panthers.


Lawyer J. Tillman, Jr. suffered multiple concussive hits and blows to the head.

414. Plaintiff Lawyer J. Tillman, Jr. was not warned by Defendants of the




415. Plaintiff Lawyer J. Tillman, Jr. suffers from multiple past traumatic


sleeplessness, and mood swings.

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416. Plaintiff’s wife, Vickie B. Tillman, brings a claim for loss of

consortium.

PLAINTIFF JOE WALKER

417. Plaintiff Joe Walker played two (2) NFL seasons from 2001 – 2002

for the Tennessee Titans and the Indianapolis Colts.

418. Throughout his career as a professional football player, Plaintiff Joe

Walker suffered multiple concussive hits and blows to the head.

419. Plaintiff Joe Walker was not warned by Defendants of the risk of




420. Plaintiff Joe Walker suffers from multiple past traumatic brain injuries

with symptoms including but not limited to, memory loss, headaches, and

sleeplessness.

PLAINTIFF KEN WATSON

421. Plaintiff Ken Watson played one (1) NFL season in 1972 for the San

Diego Chargers.

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422. Throughout his career as a professional football player, Plaintiff Ken

Watson suffered multiple concussive hits and blows to the head.

423. Plaintiff Ken Watson was not warned by Defendants of the risk of




424. Plaintiff Ken Watson suffers from multiple past traumatic brain

injuries with symptoms including but not limited to, headaches, dizziness, mood

swings, and numbness/tingling of his extremities.

PLAINTIFFS FRED WEARY AND CASEY WEARY

425. Plaintiff Fred Weary played eight (8) NFL seasons from 2002 – 2009

for the Houston Texans and the Cleveland Browns.

426. Throughout his career as a professional football player, Plaintiff Fred

Weary suffered multiple concussive hits and blows to the head.

427. Plaintiff Fred Weary was not warned by Defendants of the risk of




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428. Plaintiff Fred Weary suffers from multiple past traumatic brain

injuries with symptoms including but not limited to, memory loss, mood swings,

headaches, migraines, dizziness, difficulty concentrating, and blurred/double

vision.

429. Plaintiff’s wife, Casey Weary, brings a claim for loss of consortium.

PLAINTIFFS TERRY WILLIAMS AND TONYA WILLIAMS

430. Plaintiff Terry Williams played two (2) NFL seasons from 1988 –

1990 for the New York Jets.

431. Throughout his career as a professional football player, Plaintiff Terry

Williams suffered multiple concussive hits and blows to the head.

432. Plaintiff Terry Williams was not warned by Defendants of the risk of




433. Plaintiff Terry Williams suffers from multiple past traumatic brain


mood swings.

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434. Plaintiff’s wife, Tonya Williams, brings a claim for loss of

consortium.

PLAINTIFFS ERIC YARBER AND MICHELE YARBER

435. Plaintiff Eric Yarber played two (2) NFL seasons from 1986 – 1987

for the Washington Redskins.

436. Throughout his career as a professional football player, Plaintiff Eric

Yarber suffered multiple concussive hits and blows to the head.

437. Plaintiff Eric Yarber was not warned by Defendants of the risk of




438. Plaintiff Eric Yarber suffers from multiple past traumatic brain


blurred vision, difficulty concentrating, and sleeplessness.

439. Plaintiff’s wife, Michele Yarber, brings a claim for loss of

consortium.

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PLAINTIFF CHRISTOPHER L. YOUNG

440. Plaintiff Christopher L. Young played three (3) NFL seasons from

2002 – 2005 for the Denver Broncos.


Christopher L. Young suffered multiple concussive hits and blows to the head.

442. Plaintiff Christopher L. Young was not warned by Defendants of the




443. Plaintiff Christopher L. Young suffers from multiple past traumatic

brain injuries with symptoms including but not limited to, memory loss, mood

swings, and depression.

COUNT I NEGLIGENCE

444. Plaintiffs incorporate by reference all facts set forth in the preceding

paragraphs and further allege on information and belief as follows.

445. Defendants, as purveyors of safety rules for the League, owed

Plaintiffs a duty to use reasonable care in researching, studying and/or examining

the dangers and risks of head injuries and/or concussions to NFL players; to inform

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and warn him of such risks and to effectuate reasonable league policies; and/or

take other reasonable action to minimize the risks of head injuries.

446. At all times relevant hereto, Defendants negligently performed such

duties by failing to adequately study, warn and/or implement reasonable rules and

regulations to minimize traumatic brain injuries to its players, including Plaintiffs

herein.

447. Defendants knew or should have known that its policies, rules and

regulations in place were not reasonably sufficient to minimize traumatic brain

injuries and that Plaintiffs’ injuries were foreseeable.

448. Defendants affirmatively and voluntarily established the MTBI

Committee, ostensibly to examine the dangers and consequences of head injuries

to NFL players, to report on its findings, to provide information and guidance from

its research and studies concerning concussions to teams and players, and to make

recommendations to lessen the risks of concussions. Defendants are responsible for

the staffing and conduct of the MTBI Committee.

449. Defendants failed to use reasonable care in the manner in which it

created the MTBI Committee and failed to reasonable appoint qualified physicians

to head the Committee.

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450. Defendants, failed to use reasonable care in researching, studying

and/or examining the risks of head injuries and/or concussions in professional

football. Defendants downplayed and in many cases denied both the severity of

head injuries and the clear link between concussions and brain damage, thereby

breaching its duty to its players, including Plaintiffs herein.

451. Defendants failed to inform, warn and/or advise its players, and/or

misinformed them of the risks and complications inherent in sustaining

concussions, thereby breaching its duty to its players, including Plaintiffs herein.

452. Defendants were further negligent in the following respects:

· In failing to use reasonable care in overseeing, controlling and/or regulating policies and procedures of the League so as to minimize the risk of head injuries and/or concussions;

· In failing to use reasonable care in the research and/or investigation of

the concussion issue; · In failing to appoint a qualified physician or panel of physicians to

head Defendants’ MTBI committee; · In placing a physician in charge of the committee whose primary

motive was to appease the NFL rather than to report accurately; · In disregarding independent scientific studies which showed the risks

of head injuries and/or concussions to NFL players’ health;;

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· In failing to acknowledge, either publicly or to their players, the clear link between concussions and brain injuries being suffered by their players;

· In failing to acknowledge, either publically or to their players, the

linkage between playing football and long-term brain injuries; · In failing to make and/or timely make necessary league policy

changes as it pertains to intentional hits to the head, hits to the head of a defenseless player, helmet to helmet hits, and concussions in general;

· In publishing misleading and erroneous findings regarding hits to the

head and NFL head injuries; · In failing to issue a timely warning, through a concussion pamphlet or

other means, to the players concerning the causal link between concussions and later life cognitive decline;

· In issuing misinformation and purposefully attempting to mislead

their players through the concussion pamphlet which they issued in August 2007;

· In collecting and reporting upon data that was “infected” and/or not

reliable; · In causing, by and through their negligent conduct and omissions, an

increased risk of harm to their players; · In breaching their duty to ensure that the equipment it licensed and

approved was of the highest possible quality and sufficient to protect the NFL players, including Plaintiffs, from the risk of concussive brain injuries;

· In failing to provide competent information to its teams, players,

coaches, trainers and medical personnel with respect to the

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significance of head injuries and/or concussions, their symptoms and necessary and/or proper treatment of same; and

· In creating a “culture” within the NFL in which concussions and their

devastating effects would run rampant.




454. As a direct and proximate result of the Defendants negligent acts and

omissions as aforesaid, Plaintiffs suffered serious injury, including but not limited

to brain damage, with a resultant loss therefrom.

455. That by reason of the foregoing negligence on the part of Defendants,

Plaintiffs believe that their aforesaid injuries are permanent and that he will

continue to suffer from the effects of their aforesaid injuries, including but not

limited to continuous pain and suffering and severe emotional distress.

456. That by reason of the foregoing, Plaintiffs have and will be required in

the future to obtain medical aid and attention, with a resultant cost therefrom.

457. That by reason of the foregoing, Plaintiffs may suffer a loss of

employment opportunity in the future with a resultant loss therefrom.

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458. As a direct and proximate result of Defendants’ negligent acts and

omissions, Plaintiffs suffered and will continue to suffer substantial injuries, and

economic and non-economic damages.

COUNT II FRAUD






461. The NFL materially misrepresented the risks faced by Plaintiffs

related to head injuries. Defendants’ MTBI Committee, through misleading public

statements, published articles and the concussion pamphlet issued to the players,

downplayed known long-term risks of concussions to NFL players.

462. Material misrepresentations were made by members of Defendants’

Committee on multiple occasions, including but not limited to testimony given at

congressional hearings and the “informational” pamphlet which they issued to

players.

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463. The material misrepresentations include the NFL’s remarks that

Plaintiffs and other players were not at an increased risk of head injury if they

returned too soon to an NFL game or training session after suffering a head injury.

464. Defendants’ material misrepresentations also included the NFL’s

criticism of legitimate scientific studies which illustrated the dangers and risks of

head injuries and the long term effects of concussions.

465. Defendants’ material misrepresentations, through its MTBI

Committee, denied a link between concussions and CTE.

466. Defendants had actual knowledge of the misleading nature of these

statements when they were made.

467. Defendants had actual knowledge that Plaintiffs and others would rely

on these misrepresentations.

468. Plaintiffs relied on these misrepresentations when playing in the NFL.

Had Plaintiffs known the risks to their health, they would not have agreed to

jeopardize their health.

469. As a direct and proximate result of Defendants’ fraudulent conduct,

Plaintiffs have suffered physical injury, including, but not limited to, memory and

cognitive problems, and economic losses.

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470. As a direct and proximate result of the Defendants’ fraudulent

conduct, Plaintiffs have suffered and will continue to suffer substantial injuries,

and economic and non-economic damages.

COUNT III FRAUDULENT CONCEALMENT






473. Defendants’ MTBI Committee knowingly and fraudulently concealed

the risks of head injuries to Plaintiffs, and the risk to them if they returned to the

playing field before making a proper recovery from their head injuries.

474. Defendants’ MTBI Committee published articles and the concussion

pamphlet issued to players, therein affirmatively concealed and downplaying

known long-term risks of concussions to NFL players.

475. The concussion pamphlet created player reliance. The NFL stated that

“[w]e want to make sure all N.F.L. players … are fully informed and take

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advantage of the most up to date information and resources as we continue to study

the long-term impact on concussions.”

476. Further concealment of material information occurred in January

2010. Dr. Casson provided oral and written testimony at the January 2010

congressional hearings. He continued to deny the validity of other studies.

477. Defendants failed to acknowledge, either publicly or to its players, the

clear link between concussions and brain injuries being suffered by NFL players.

478. Defendants failed to acknowledge, either publicly or to its players, the

linkage between playing football and long-term brain injuries.

479. Defendants willfully concealed this information from Plaintiffs in

order to prevent negative publicity and increased scrutiny of their medical

practices.

480. Defendants knew that Plaintiffs and other NFL players would rely on

the inaccurate information provided by the NFL.

481. Plaintiffs relied on this inaccurate information during their NFL

career.

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482. As a direct and proximate result of Defendants’ fraudulent conduct,

Plaintiffs have suffered physical injury, including, but not limited to, memory and

cognitive problems, and economic losses.

483. As a direct and proximate result of the Defendants’ willful

concealment, Plaintiffs have suffered and will continue to suffer substantial

injuries, and economic and non-economic damages.

COUNT IV NEGLIGENT MISREPRESENTATION






486. The NFL misrepresented the dangers that NFL players faced in

returning to play too quickly after sustaining a head injury. Defendants’ MTBI

Committee, through public statements which it knew or should have known were

misleading, published articles and issued the concussion pamphlet to its players,

and downplayed the long-term risks of concussions to NFL players.

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487. Material misrepresentations were made by members of the NFL’s

committee on multiple occasions, including but not limited to testimony at

congressional hearings and the “informational” pamphlet issued to players.

488. The misrepresentations included the NFL’s remarks that Plaintiffs and

other NFL players were not at an increased risk of head injury if they returned too

soon to play or training session after suffering a head injury.

489. Defendants’ material misrepresentations also include the NFL’s

criticism of legitimate scientific studies that illustrated the dangers and risks of

head injuries.

490. Defendants made these misrepresentations and actively concealed

adverse information at a time when they knew, or should have known, because of

their superior position of knowledge, that Plaintiffs faced health problems if he

were to return to a game too soon after suffering brain trauma.

491. Defendants knew or should have known the misleading nature of

these statements when they were made.

492. Defendants made misrepresentations and actively concealed

information with the intention that Plaintiffs and other NFL players would rely on

the misrepresentations or omissions in selecting their course of action.

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493. As a direct and proximate result of the Defendants’ fraudulent

conduct, Plaintiffs have suffered physical injury, including, but not limited to,

memory and cognitive problems, and economic losses.

494. As a direct and proximate result of the Defendants’ willful

concealment, Plaintiffs have suffered and will continue to suffer substantial

injuries, and economic and non-economic damages.

COUNT V LOSS OF CONSORTIUM






497. As a direct and proximate result of the aforementioned conduct of

Defendants, and as a result of the injuries and damages to Plaintiffs herein, the

wives of the Plaintiffs herein have been deprived of the love, companionship,

comfort, affection, society, solace or moral support, protection, loss of consortium,

and loss of physical assistance in the operation and maintenance of the home, of

their husbands, and has thereby sustained, and will continue to sustain damages.

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PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray for relief and judgment as follows:

a. For past and future medical and incidental expenses, according to

proof;

b. Awarding to Plaintiffs past and future loss of earnings and/or earning

capacity, according to proof;

c. Awarding to Plaintiffs past and future general damages, including

pain and suffering according to proof;

d. Awarding to Plaintiffs’ wives for loss of consortium, according to

proof;

e. Punitive damages as allowable by law;

f. Awarding to Plaintiffs the costs of this action, including reasonable

attorneys’ fees;; and

g. Granting any and all such other and further relief as the Court deems

necessary, just, and proper.

DEMAND FOR JURY TRIAL

Plaintiffs hereby request a trial by jury of all issues triable by jury.

DATED: June 7, 2012

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Respectfully submitted,

/s/ Michael L. McGlamry Michael L. McGlamry Georgia Bar No. 492515 N. Kirkland Pope Georgia Bar No. 584255 Jay F. Hirsch Georgia Bar No. 357185 George W. Walker Georgia Bar No. 548316 POPE, McGLAMRY, KILPATRICK, MORRISON & NORWOOD, P.C. 3455 Peachtree Road, N.E., Suite 925 P.O. Box 191625 (31119-1625) Atlanta, GA 30326-3243 (404) 523-7706 Fax (404) 524-1648 [email protected]

Bruce A. Hagen

Georgia Bar No. 316678 Bruce A. Hagen, P.C.

119 N. McDonough Street Decatur, GA 30030 (404) 522-7553 Fax (404) 522-7744 [email protected]

Attorneys for Plaintiffs

mailto:[email protected]

mailto:[email protected]

Documents

in the united states district court for the northern - NFL Concussion